Temporary ELD waiver affects agricultural commodity transportation

March 14, 2018
See how FMCSA is addressing the needs of the nation’s agriculture industries by issuing a temporary ELD waiver.

The US Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has announced more steps to address the needs of the nation’s agriculture industries and provided further guidance to assist in effective implementation of the electronic logging device (ELD) rule without impeding commerce or safety.

FMCSA is announcing an additional 90-day temporary waiver from the ELD rule for agriculture-related transportation. During this time period, FMCSA will publish final guidance on both the agricultural 150 air-mile hours-of-service exemption and personal conveyance. FMCSA will continue its outreach to provide assistance to the agricultural industry and community regarding the ELD rule.

“We continue to see strong compliance rates across the country that improve weekly, but we are mindful of the unique work our agriculture community does and will use the following 90 days to ensure we publish more helpful guidance that all operators will benefit from,” said FMCSA Administrator Ray Martinez.

Since December 2017, roadside compliance with the hours-of-service record-keeping requirements, including the ELD rule, has been steadily increasing, with roadside compliance reaching a high of 96% in the most recent available data.  There are more than 330 separate self-certified devices on the registration list.

Beginning April 1, 2018, full enforcement of the ELD rule begins. Carriers subject to the Federal Motor Carrier Safety Regulations (FMCSRs) that do not have an ELD when required will be placed out-of-service. The driver will remain out-of-service for 10 hours in accordance with Commercial Vehicle Safety Alliance (CVSA) criteria. At that point, to facilitate compliance, the driver will be allowed to travel to the next scheduled stop and should not be dispatched again without an ELD.  If the driver is dispatched again without an ELD, the motor carrier will be subject to further enforcement action.

The waiver and guidance will be published in the Federal Register.

For more information, visit www.fmcsa.dot.gov/eld.

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